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HomeMy Public PortalAboutRES-CC-2013-13RESOLUTION # 13-2013 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION WITH THE SUBDIVISION KNOWN AS "THE PRESERVE SUBDIVISION PHASE TWO" AND AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE ASSOCIATED WITH SAID IMPROVEMENTS WHEREAS, the City of Moab (the "City") and Dennis E. and Patricia Byrd ("Owners") entered into a Subdivision Improvements Agreement dated September 28, 2012 (the "Agreement") covering the public improvements associated with the above named subdivision; and WHEREAS, the Owners provided a Performance Guarantee in the form of a collateral pledge of property, executed by a Trust Deed naming the City as beneficiary, in order to secure performance of the improvements provided in the Agreement; and WHEREAS, the Owners have performed all improvements pursuant to the Agreement; and WHEREAS, City Staff has inspected the public improvements and found that they are fully acceptable in their design, workmanship, and construction quality; and WHEREAS, City Staff has certified that all charges for labor, materials, and/or services have been paid in full and no liens have been attached against the property or the improvements; and WHEREAS, the Owners will warrant the improvements for a period of one year from the date of approval of this document; and WHEREAS, A Street, Sanitary Sewer, and Water Systems Dedication and Warranty of Improvements Agreement will need to be executed to formalize the dedication and warranty of public improvements; and WHEREAS, pursuant to the Agreement, the Owners are entitled to a full release of the Performance Guarantee; NOW, THEREFORE, we the governing body of the City of Moab do hereby resolve to accept the public improvements covered by the Agreement referenced herein, specifically street improvements, water system improvements, sanitary sewer improvements, and storm drainage improvements located within the subdivision and do hereby authorize the mayor to execute a Full Reconveyance of the Property identified in the Trust Deed executed as the Performance Guarantee for the required improvements and to execute the Street, Sanitary Sewer and Water Systems Dedication and Warranty of Improvements. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 13th day of August, 2013. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab